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HomeMy Public PortalAbout73-264 ORDINANCE NO. 73-264 AN ORDINANCE OF THE CITY OF CARSON GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE, FOR A PERIOD OF FIFTY (50) YEARS, TO CONSTRUCT, LAY, OPERATE, MAINTAIN, USE, RENEW, REPAIR, REPLACE, REMOVE, CHANGE THE SIZE AND NUMBER OF, AND REMOVE OR ABANDON IN PLACE A SYSTEM OF PIPELINES, FOR THE PURPOSE OF CONDUCTING, TRANSPORTING, CONVEYING AND CARRYING GAS, OIL, PETROLEUM, WATER AND OTHER SUBSTANCES, ON ALONG, IN, UNDER AND ACROSS THE PUBLIC STREETS, WAYS, ALLEYS, AND PLACES WITHIN THE CITY OF CARSON, TOGETHER WITH THE RIGHT TO CONSTRUCT, OPERATE, MAINTAIN AND USE A f PRIVATE COMMUNICATION SYSTEM CONSISTING OF POLES, CROSSARMS, CONDUCTORS, WIRES, COMMUNICATION CIRCUITS AND ALL OTHER NECESSARY OR CONVENIENT APPLIANCES OR ATTACHMENTS TO BE USED IN CONNECTION i WITH THE OPERATION AND MAINTENANCE OF SAID SYSTEM OF PIPELINES AND APPURTENANCES AS AFORESAID THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS: Section 1 . That a franchise be, and the some is hereby granted to Southern California Edison Com pany, a corporation organized and existing under the laws of the State of California, its successors and assigns, for a period of fifty (50) years from the effective date of this ordinance granting said franchise, to construct, lay, operate, maintain, use, renew, repair, replace, remove, change the size and number of, and remove or abandon in place a system of pipelines, together with such valves, fittings, manholes, vaults, pumps, and other appliances, appurtenances, attachments or equipment as the Grantee, its successors and assigns, may deem necessary or convenient, for the purpose of conducting, transporting, conveying and carrying gas, oil, petroleum, water and other substances, on, along, in, under and across the public streets, ways, alleys and places within the City of Carson; said system of pipelines and appurtenances as aforesaid to extend generally as follows: Crossing Alameda Street, at a point approximately 200 feet north of the south boundary line of the City of Carson; crossing Sepulveda Boulevard, at the intersection of said boulevard and the Southern Pacific Transportation Company right of way, west of Alameda Street; along Alameda Street at the intersection of said street and Dominguez Flood Control Channel; crossing 223rd Street at the intersection of said street and Southern Pacific Transportation Company right of way, west of Alameda Street; crossing Carson Street, at the intersection of said street and Southern Pacific Transportation Company right of way, west of Alameda Street; and crossing the intersection of Dominguez Street and Alameda Street; together with the right to construct, operate, maintain and use a private communication system consisting of poles, crossarms, conductors, wires, communication circuits and all other necessary or convenient appliances or attachments to be used in connection with the operation and maintenance of said system of pipelines and appurtenances as aforesaid, on, along, in, under, over and across the public streets, ways, alleys, and places within the City of Carson. Section 2. The word "Grantee" wherever used herein shall mean and include Grantee and it successors and assigns. Section 3. The system for conducting, transporting, conveying and carrying gas, oil, petro eu7 m, water and other substances to be constructed and operated under this franchise shall be built and constructed in a good and workmanlike manner and of good material, and any and all pipelines laid, located, or maintained under said franchise shall be so placed as not to interfere with the use of said public streets, ways, alleys and places by the traveling public or for public purposes to any greater extent than is reasonably necessary, and in laying said pipelines the Grantee of said franchise shall make and backfill all excavations in such manner and way as to leave the surface of the public street, way, i J Ord. No, 73-264/Page 2 of 3 alley or place in as good condition as it was prior to said excavation, as well as to con- form to the statutes of the State of California and such instructions and directions as the City Council, may, by ordinance or resolution, require, provided that said instructions and directions of the said City Council are not in conflict with any paramount authority of the State of California. The work to construct or lay said system shall be commenced in good faith within nor more than four months from the granting of this franchise and if not so commenced the franchise shall be declared forfeited. Section 4. Any damage done directly or indirectly to any public improve- ment by Grantee, in exercising directly or indirectly any right, power or privilege under this franchise, or in performing any duty under or pursuant to the provisions of this Ordinance, shall be promptly repaired by said Grantee as its sole cost and expense. Section 5. The Grantee shall indemnify and hold harmless the munici- pality and its officers from all liability, including necessary expenses, reasonable f attorney's fees and costs, for damages proximately resulting from any operations under the franchise. Section 6. The Grantee shall, during the life of this franchise, pay to the City of Carson, in lawful money of the United States, and in the manner provided by law, two percent (2%) of the gross annual receipts of the Grantee arising from the:'use, operation or possession of this franchise within the City of Carson. This franchise is not a renewal of a right already in existence and therefore no percentage shall be paid for the first five (5) years succeeding the date of this franchise, but thereafter such percentage shall be paid annually. In the event that such payment is not made, the City Council of the City of Carson may declare said franchise forfeited. The Grantee of this franchise, not later than three (3) months after the expiration of the calendar year after the first five (5) years succeeding the effective date of this ordinance granting said franchise, and within three (3) months after the expiration of each and every calendar year thereafter, shall file with the City Clerk of the City of Carson a duly verified statement showing in detail the total gross receipts of said Grantee during the preceding calendar year or such fractional calendar year arising from the use, operation or possession of this franchise within said City of Carson, and within fifteen (15) days after the time for filing the aforesaid statement, the Grantee shall pay to the City Treasurer of the City of Carson in lawful money of the United States, the aforesaid two percent (2%) of its gross receipts arising from the use, operation or possession of this franchise during said preceding calendar year, or such fractional calendar year. Any neglect, omission or refusal of said Grantee to file said verified statement, or to pay said percentage, at the time or in the manner hereinbefore provided, shall be ;grounds for the declaration of a forfeiture of this franchise and of all rights of the Grantee hereunder. Section 7. The said Grantee shall not sell, transfer; or assign this franchise, or any of the rights or privileges granted hereby, except by a duly executed instrument in writing, filed in the office of the City Clerk of the City of Carson; and provided, further, that nothing in this franchise contained shall be construed to grant to said Grantee, any right to sell, transfer or assign this franchise, or any of the rights or privileges hereby granted, except in the manner aforesaid. Section 8. Any neglect, failure or refusal to comply with any of the conditions of this franchise may work a forfeiture hereof, and the said City, by its City Council, may thereupon declare this franchise forfeited, and may exclude said Grantee from further use of the public streets, ways, alleys and places of said City under this franchise; and said Grantee shall thereupon surrender all rights in and to the same, and 1 this franchise shall be deemed and shall remain null, void and of no effect. Section 9. This Ordinance shall take effect thirty (30) days after its final passage. Section 10. The Grantee shall remove or relocate without expense to the City of Carson any facilities installed, used, and maintained under the franchise if and when made necessary by any lawful change of grade, alignment, or width of any public Ord. No. 73-264/Page 3 of 3 street, way, alley, or place, including the construction of any subway or viaduct, by the City of Carson; provided that with respect to facilities installed, used and maintained under the franchise within a state freeway which was not a state highway at the time such facilities were originally installed therein, the obligations of the Grantee shall be as provided by applicable law and by such agreements between the Grantee and the State as maybe applicable thereto. Section 11 . Whenever any portion of the territory covered by this franchise shall be annexed to, or otherwise become a part of any other municipal corporation or of the County of Los Angeles, or of any other county, the rights reserved under this franchise to the City of Carson, or of any officer thereof, shall inure to the benefit of such municipal corporation or county, and its appropriate officers. Section 12. The provisions of this franchise and all rights, obligations and duties hereunder shall inure to and be binding upon the Grantee, its successors and assigns. Section 13. The City Clerk shall cause this Ordinance to be posted within fifteen (15) days after its passage in three (3) public places within said City of Carson. PASSED, APPROVED and ADOPTED by the City Council of the City of Carson this 16th day of July 1973. MAYOR ATTEST: ITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES } CITY OF CARSON ) I, Marilyn R. Cortina, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 73-264, passed first reading on July 2, 1973 , was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 16thday Of July, 1973 , and that the some was so passed and adopted by the following roll call vote: AYES: COUNCILMEN: Bridgers, Calas, Smith and Yamamoto. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Marbut. C1 lerk, ity of Carson, California